A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
december 20, 2011
The Lake County Board of County Commissioners met in regular session on Tuesday, December 20, 2011 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Leslie Campione, Chairman; Jennifer Hill, Vice Chairman; Sean Parks; Jimmy Conner; and Welton G. Cadwell. Others present were: Darren Gray, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Shannon Treen, Deputy Clerk.
INVOCATION and pledge
Pastor Milan Weerts from the Woodlands Lutheran Church in Montverde gave the Invocation and led the Pledge of Allegiance.
Agenda update
Mr. Darren Gray, County Manager, stated that there was an addendum on the agenda and suggested that it be placed after the consent agendas.
CITIZEN QUESTION AND COMMENT PERIOD
No one wished to address the Board.
MINUTE APPROVAL
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the Minutes of September 20, 2011 (Regular Meeting) and November 14, 2011 (Special Meeting) as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 4, as follows:
List of Warrants
Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Ordinances from the Town of Lady Lake
Request to acknowledge receipt of copies of Ordinances from the Town of Lady Lake as follows:
Ordinance No. 2011-10 amending the Town’s Comprehensive Plan
Ordinance No. 2011-17 amending the Town’s Land Development Regulations (LDR)
Ordinance No. 2011-18 adopting the Operating Budget for FY 10/1/11 – 9/30/12
Ordinance No. 2011-19 redesignating zoning classification for certain property
Ordinance No. 2011-20 amending Chapter 4 of the Code of Ordinances of the Town
Ordinance No. 2011-21 amending the Town’s LDR’s by amending Ordinance 94-08
Ordinance No. 2011-22 amending Chapter 10 of the Town’s Code of Ordinances
Ordinance No. 2011-23 voluntarily annexing property into the Town
Ordinance No. 2011-24 amending the Town’s Ordinance No. 81-8-(83)
Ordinance No. 2011-25 redesignating zoning classification for certain property
Ordinance No. 2011-26 amending the Town’s LDR’s by amending Ordinance No. 94-08
Lake County Water Authority Board of Trustees Meeting Schedule
Request to acknowledge receipt of the Lake County Water Authority Board of Trustees Meeting Schedule for 2012, also stating that all regular meetings will begin at 3:30 p.m., with all budget meetings at 5:05 p.m., to take place in County Commission Chambers in the Administration Building.
Property Placed on the Lands Available List
Request to acknowledge receipt of a list of property placed on the Lands Available List. Lake County has until February 27, 2012 to purchase property from Lands Available List before it is available to the public.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 15 as follows:
Community Services
Request for approval and signature of the Commission for Transportation Disadvantaged Agency for Healthcare Administration Medicaid Non-Emergency Transportation Agreement Amendment Number 3 from January 1, 2012 through June 30, 2012. The fiscal impact is $902,970.00 - Fully Medicaid Grant Funded.
Request for approval and signature on each of the Transportation Agreements between the Lake County Board of County Commissioners and Deaf2Deaf, Inc. and Beacon College, Inc. for the provision of transportation services for the Agency for Persons with Disabilities clients. There is no fiscal impact.
Request for approval and authorization for the Chairman to sign the Fiscal Year (FY) 2011-2012 Community Development Block Grant (CDBG) agreement with the Lake County Department of Health in an amount not to exceed $125,256.00 ($62,756.00 from CDBG and $62,500.00 from the general fund) to cover the cost of dispensing prescriptions to low income persons, and to direct the Department of Community Services to execute the agreement and oversee completion of the project covered in the Scope of Services. The fiscal impact is $125,256.00.
Request for approval of the Local Housing Assistance Plan (LHAP) Incentive Review Recommendations of the Affordable Housing Committee that are complementary of Lake County's efforts to develop policies and plans that support long range affordable housing strategies and will be included in the LHAP. There is no fiscal impact.
County Manager
Request to (1) declare the items on the attached list(s) surplus to County needs, (2) authorize the removal of all of the items on the attached lists from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director or designee to sign vehicle titles.
Economic Development and Tourism
Request for approval of and authorization to sign Amendment to Agreement with Beacon College, Inc. and the Lake County Board of County Commissioners. There is no new fiscal impact, $25,000 previously approved.
Facilities Development and Management
Request for approval of the Budget Change Request transferring funds from Fire Impact Fee Trust - Paisley Fire Station to Fire Impact Fee Trust - Altoona Fire Station. The fiscal impact is $65,317.00.
Request for approval of the Heery Architect’s additional service request, in the amount of $92,154.00, to provide additional architectural services to include changes to architectural, civil, and electrical plans for the Judicial Center Expansion project. The fiscal impact is $92,154.00 for design services and a construction impact of approximately $120,000. The fiscal impact is $212,154.00.
Public Resources
Request for approval to execute a Cooperative Service Agreement between Lake County and United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service, Wildlife Services Branch, for removal of feral hogs and coyotes from Ferndale Preserve, P.E.A.R. Park, Pine Forest Park, Palatlakaha River Park and Boat Ramp and Public Lands properties which include Lake May Reserve, Pasture Reserve, Ellis Acres Reserve, Mt. Plymouth Lakes, Neighborhood Lakes, NE Lake Co. Scrub Preserve, South Pine Lakes Reserve, Lady Lake and Helena Run properties. The fiscal impact is $30,000.
Public Safety
Request for approval of the attached Interlocal Amendment for the Public Safety Interoperable Communications (PSIC) Grant Program participants in Region 5. No fiscal impact.
Public Works
Request for approval and execution of Resolution No. 2011-176 requesting surplus land from FDOT to construct a pond as part of the Alfred Street Road Project. No fiscal impact, Commission District 3.
Request for authorization to execute Resolution No. 2011-177 accepting the following roads into the County Road Maintenance System: Barrington Drive “Part” (Co. Road No. 6486); Bear Club Lane (Co. Road No. 6486A); Bear Paw Court (Co. Road No. 6486B); Milford Drive “Part” (Co. Road No. 6586); Bee Meadow Court (Co. Road No. 6586A); Wolf Court (Co. Road No. 6586B); Lazy B Lane (Co. Road No. 6586C); Honey Tree Court (Co. Road No. 6586D); Bear Den Drive (Co. Road No. 6786) and Bear Isle Court (Co. Road No. 6786A); and execute Resolution No. 2011-178 relating to speed limits for the roads located within the Estates of Black Bear Reserve subdivision. Estates of Black Bear Reserve is located in Commission District 5. There is no fiscal impact.
Request for authorization to fill three (3) positions within Public Works/Road Operations and Funding and Production Divisions: one Equipment Operator III position, one Equipment Operator II position, and one Stormwater Inspector I position. The total fiscal impact for these three positions is $112,605.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the County Attorney’s Consent Agenda, Tab 16 as follows:
Request for approval of termination of Suite 4 and Suite 8 of the Lease Agreement Between Lake County and Stephen E. Van Dellen, Trustee for County Health Department Space located in Eustis. Fiscal impact $8,700 (savings).
county manager’s departmental business
growth management
addendum no. 1-ia – Bond-Fire Arts & Music Festival Event
Commr. Hill disclosed that she spoke with a resident who lived near the proposed event and who was in opposition of the event.
Ms. Amye King, Growth Management Director, addressed the Board stating that she would be reviewing a musical event permit for the Bond-Fire Arts and Music Festival that was submitted to staff on December 13, 2011. She noted that they had also invited EMS, Fire Rescue and the Sheriff’s Office to speak about the permit as well. She explained that the event would be held from December 29, 2011 through January 2, 2012 and that there was supposed to be over 50 musical acts and over 2,000 attendees. She added that it would take place off of Blue Isle Lane in Groveland, which was essentially in the unincorporated parts of Mascotte, and that the land use was designated as rural and it was zoned agricultural. She pointed out that Article V of the Lake County Code described a musical or entertainment festival as any gathering of groups of individuals for the purpose of listening to or participation in entertainment which consists primarily of musical renditions for periods of time in excess of six hours and at which 500 or more persons were anticipated to attend. She stated that the Code also contained many performance measures and it defined allowing children under the age of 18 as injurious and specified that the event promoted allowing children under the age of 15 for free. She pointed out that the application was required to be submitted 30 days in advance of the event and they were also required to submit $500 in fees, which was $100 per event day, as well as a beverage license and a business receipt. She noted that the incomplete application was submitted on December 13, 2011 and that they had only submitted $100 towards the fees, but a business receipt had since been submitted. She related that the County was also informed by the Department of Environmental Protection that the applicants would need a permit to temporarily impact the wetlands since there were wetlands on the property. She mentioned that the applicants failed to submit other requirements of the application including detailed plans describing internal security, traffic control and emergency services; plans indicating that at least one doctor and two nurses would be at the event; security plans for at least four licensed security persons and one person with arrest authority, such as the Lake County Sheriff’s Office or a State agency; financial backing disclosures and contracts with vendors and musicians; a beverage license, as well as detailed fire plans. She noted that the applicants did mention that there would be off-duty Clermont firefighters at the event and that they did submit sanitation plans to the Department of Health and those were found to be adequate. She stated that because the permit was incomplete, submitted late and it did not comply with other performance measures detailed in Article V, staff was recommending that the application be denied.
Mr. Jim Dickerson, Operation Chief for Lake County Fire Rescue, noted that the Code had multiple requirements for those kinds of events and the applicants did not meet the fire requirements. He stated that after reviewing the site plan he found that the road was only 12 feet wide and specified that the road needed to be 20 feet wide with unobstructed view and it should have a compaction rate for a 32 ton truck. He mentioned that they also needed to have a 24-hour fire watch on the site, especially since there would be bonfires every night and people on the site for 24 hours. He related that he had not been provided any detailed fire protection plans for the event.
Mr. Todd Luce, Captain of the Emergency Management Bureau with the Lake County Sheriff’s Office, stated that part of their responsibility was to develop organized emergency action plans for large scale events in partnership with other entities such as EMS and Lake County Fire Rescue. He then showed a video of the area of CR 33 and Blue Isle Lane where the event would take place and pointed out that Blue Isle Lane was a non-maintained County road and that CR 33 was a high speed area. He added that the road was not adequate for emergency vehicle traffic and was not suitable for the amount of traffic that was being proposed for the event. He noted that they have yet to see an organized plan addressing security or incidents at the location and they felt as though the area was a cause for traffic crashes or disasters without the proper traffic management plan. He mentioned that they typically held numerous planning meetings with law enforcement and the stakeholders involved for events of that nature to discuss a proper management plan addressing everything from logistics to vendors to parking situations and he pointed out that they had not been approached by anyone to discuss that event and they did not feel that in the amount of time left that they could properly address any issues. He stated that the Sheriff’s Office had already received numerous calls and emails from concerned citizens in the area and expressed that the Sheriff’s Office could not support the event at that time due to the lack of information.
Mr. Jim Judge, Executive Director of Lake EMS, noted that EMS had not been contacted about the event and given the short timeframe, it would be difficult to find staffing for the event because of the holiday weekend. He added that as it was pointed out previously, an event such as that one would require several months of planning; therefore, EMS was recommending denial of the event.
Mr. Gray clarified that they were not opposed to those types of events, but staff was recommending denial of the application because they were not given adequate time to plan for it.
Ms. King noted that the applicant had been in contact with the County and assured them that they would submit the additional information, but as of that morning the County still had not received anything.
Mr. Ishir Mehta, the applicant’s representative, addressed the Board in regards to the Bond-Fire permit application and handed out binders addressing the requirements of the application. He mentioned that there was a misunderstanding about the number of cars that would be at the event and specified that they expected approximately 2,500 people at the festival throughout the entire four days resulting in several hundred cars, rather than several thousand cars. He also noted that there was no guarantee that bonfires would take place during the festival because the applicants may not even receive a permit to have those. He explained that the applicants had put a lot of work into getting the festival together and that there had been miscommunications throughout the permit process with the County.
Commr. Cadwell asked if there was a plan in place for transporting patients from the event if needed.
Mr. Mehta stated that they would have a dedicated radio line to EMS and that the applicants were paying to have Blue Isle Lane grated. He mentioned that the applicants were willing to work with EMS to create a plan and that a lot of people would be showing up regardless so they needed to create a plan where everyone was happy. He added that the requirements could have been met if he had been notified of the event sooner. He noted that the applicants were committed to the event and had put their life savings into it so they would make whatever accommodations were needed. He commented that they were only asking for the permit for that year so it would not be a perpetual permit.
Commr. Cadwell opined that the event was not very well thought out and an event of that size required more planning.
Commr. Conner expressed that the County was not opposed to having events, but they were responsible for the health and safety of the public and given the timeframe, there was no possible way to become prepared to handle any issues that may arise.
Mr. Randall Rogus, a member of the Bond-Fire LLC, stated that they had all worked very hard on the event and they were prepared to do whatever it would take in the time provided to make sure the event still happened.
Commr. Cadwell asked why they had not submitted the information that staff asked for.
Mr. Rogus replied that they initially did not realize that they had to provide their financial information, but they did quickly gather that information and it was provided in the binders.
Mr. Chris Bolster, Senior Supervisor, explained that he had produced 25 music festivals across the Country and he had never dealt with such a detailed permitting process before. He noted that he did submit an incomplete application, but since then they have persistently worked to complete the application and he pointed out that the remainder of the items were in the binders. He stated that he had reached out to Mr. Brian Sheahan, Planning and Community Design Manager, many times indicating that he was more than willing to meet with staff about the application and pointed out that he had met with the Sheriff’s Office and had tried contacting EMS and Fire Rescue. He expressed that people had already spent a lot of money on the event so they were willing to spend as much time as was needed to finalize the event.
Commr. Hill mentioned that there were other venues within Lake County that were set up for those types of events, so the applicants could change the location of it.
Mr. Bolster commented that there were thousands of staff and band members that were affected by the event, but they would be prepared to change venues if needed.
Commr. Conner asked if they had law enforcement on the scene during previous events.
Mr. Bolster responded that it depended on the venue because each place was different. He added that he did approach the Sheriff’s Office for their presence at the event but he was told to talk with the County and provide the County the necessary information first and then the Sheriff’s Office would decide how many deputies would be needed on the property.
Mr. Clinton McLellan, one of the founders of the event, expressed that he was extremely confident that they could have everything that was required in time for the event. He added that there was a misunderstanding about which paperwork was needed but they gathered the correct papers in just days and those remaining items were in the binders that were handed out that day. He asked the Board for understanding since there was a lot of money already invested.
Ms. Digna Cruz, a resident who lives on Blue Isle Lane, spoke in opposition to the event and stated that her main concern was the amount of traffic on that road and her family’s ability to easily come and go from their property. She added that she would not feel safe with the amount of people that would be near her property especially if alcohol became a factor.
Ms. Deborah Morgan, a resident who lives on Blue Isle Lane, commented that her home was 200 feet from where she was told the stages would be set up and expressed that her biggest concern was for her and her animals’ safety.
On a motion by Commr. Hill, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board denied the permit due to non-compliance but also suggested that there may be other available venues in Lake County where the applicants could hold the event.
addendum no. 1-iia – st. johns river water management district
Commr. Campione stated that she wanted to have a discussion about the decisions made recently by the St. Johns River Water Management District regarding the water levels in the upper Ocklawaha River basin and the Harris Chain of Lakes. She explained that she had asked the Board to consider adopting either a resolution or sending a letter to the District letting them know that Lake County was concerned about the effects that closing the dams at the Apopka-Beauclair canal and the Burrell dam on Haines Creek would have on fishing, navigation through the canals and the residents’ ability to get in and out of their own property. She added that restoring lakes was very important to the local economy and that it was time for the Board and the residents to become active and have a voice in those discussions.
Commr. Parks noted that the District would be having a meeting on January 5, 2012 and that would be an opportunity for everyone to express their concerns. He opined that the Board should object to any action that would lower the water levels and expressed that he would support sending a letter asking the District to not take any action until the meeting was held.
Commr. Cadwell suggested that they create a resolution and also have the Chairman set up a meeting with the District’s Chairman to have a discussion about all of their concerns. He pointed out that the Ocklawaha River and the St. Johns River basins already had minimal flow and without some type of movement of that water, the whole system would fail.
Commr. Campione related that certain assurances were made through the years with regard to restoration efforts and it was always understood that at least the minimum desirable levels would be upheld. She added that the levels in Lake Griffin in particular had declined below that minimum desirable level, so they really needed to reach out to the District to address the water levels all the way around.
Mr. Robert Baltz, a resident of Leesburg who lives on Lake Griffin, stated that he had organized a group called Citizens for Protecting Lake Griffin and that their concern was that the water level of Lake Griffin was down over 30 inches. He added that the upper lakes were down as well but not as much as Lake Griffin.
Mr. Riley Warddrip, a resident of Mount Dora and a representative of the Sunnyland Chapter of the Antique and Classic Boat Society, noted that he was not only concerned about the dam closure between Lake Apopka and Lake Beauclair, but also about the downstream blocking of the water. He stated that he was certified to measure the lake levels in Lake County and the State and reported that the levels had dropped two inches between December 1 and December 17 and that they slowly continued to drop. He pointed out that the low water levels not only had environmental effects but also economic effects and explained that the Sunnyland Chapter of the Antique and Classic Boat Society was the largest chapter in the United States and for 25 years they have put on the largest antique and classic boat show in Lake County. He specified that the registrants came from across the United States and different countries to participate and that last year there were 878 people who had to find hotel rooms and places to eat in Lake County. He added that the boat show could not happen if the water levels were too low and urged the Board to do what they could to help maintain the water levels of the lakes in the County.
Ms. Ann Wettstein Griffin, a resident of Fruitland Park who lives on Lake Griffin, handed out a binder of information relating to the dam closings and stated that the Water Management District first closed the dams in December 2010 for five months which created an ecological disaster to Lake Griffin, Haines Creek and the upper Ocklawaha River. She added that microcystis, which was a toxin that was as toxic as cobra venom, formed in the lakes and she developed health problems which she felt was due to the toxin. She noted that the Water Management District’s newest proposal to close the Apopka-Beauclair dam and the Burrell dam on Haines Creek was not acceptable to the large group of stakeholders and pointed out that she had over 887 signed petitions opposing the proposal and that they had been given to Senator Alan Hays.
Mr. Skip Goerner, Chair of the Harris Chain of Lakes Restoration Council, explained that in 1999 Lake Griffin was a disaster because it had some of the worst water quality in the State and because of that, the Harris Chain of Lakes Restoration Council was created. He noted that Lake Griffin was maintained at a very low level and as soon as minimum desired levels in the superpond were met, the water in Lake Griffin went down. He stated that the District then realized the impact that had and the water levels were equalized but now it was back to where it was before. He pointed out that the Harris Chain Council made a recommendation to the Florida Legislature that the water levels be held to the highest level as possible during the critical fish spawning time, which was from January through April.
Mr. Robin Butler, co-owner of Nelsons Fish Camp off Lake Griffin, expressed that they were in favor of having the highest water levels during the fish spawning season and lower levels during the rest of the year because that was when they received the most boat traffic. He added that they recently spent a lot of money to refurbish their restaurant and upgrade their docks and at that time, they only had water levels high enough to accommodate four boats.
Commr. Campione urged everyone to attend the Water Management District’s meeting on January 5, 2012 at 5:00 p.m. at Mission Inn in Howey-in-the-Hills.
On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved for a resolution opposing the closing of the dams and directed the Chairman to contact the St. Johns River Water Management District’s Chairman to set up a meeting to discuss their concerns.
recess and reassembly
The Chairman announced that there would be a ten-minute recess at 10:25 a.m.
presentations
economic development and tourism
Mr. Scott Blankenship, Economic Development and Tourism Director, stated that he would be giving an update on the recent activities of Economic Development and Tourism, their post-Summit initiatives, the Business Opportunity Centers and the Tourism Impact Model. He explained that the Summit was very successful and that they had received about 140 responses that were very favorable. He noted that they had been working with Dr. Charles Mojock, President of Lake-Sumter Community College, to develop the “strategic doing” teams and were also working with Mr. Ed Morrison, one of the speakers at the Summit, to help with the training for those teams. He related that they were also re-evaluating their targeted industries based on information received from the Summit and were also discussing follow-up events to the Summit. He then discussed the recent activities of Economic Development and stated that the coordinators had visited 89 businesses in the last 60 days and mentioned that they were working on their website to address concerns made at the Summit. He pointed out that they were in the process of organizing manufacturing and clean tech roundtables and had already found interested participants. He then discussed the recent activities for Tourism and noted that they were working with the Florida State Harley Owners Group (HOG) to coordinate the 2012 rally opportunities and were finalizing plans for Lake County’s Inaugural Wings and Wildflowers Festival, which they were hoping to have in the fall. He pointed out that they co-sponsored a recruitment trip to the “Leaders in Football Conference” that was held in London with the South Lake Hospital and they were thinking of possibly making Lake County a training location. He noted that they were also working on the Tourism website as well. He explained that although the opening of the South Lake Business Opportunity Center was pushed back, they were still moving forward with it and related that they partnered with the virtual entrepreneurial center to provide online resources for businesses. He added that they also had discussions with the libraries on offering business services there as well. He mentioned that they would be introducing the tourism impact model at the next Tourist Development Council (TDC) meeting and explained that the model would provide an objective measurement in determining grant amounts. He concluded the presentation stating that in the next quarter they planned to open the business opportunity center, continue with the CEO roundtables, develop the capital facilities plan for TDC, develop the small business development center support plan, and to move forward with the South Lake sector plan initiative and the Mount Dora strategic plan for the commerce center.
Commr. Campione mentioned that they had investigated the possibility of partnering with the University of Central Florida on developing the business resource centers but found it would be expensive and noted there was a model to use as a template without spending a tremendous amount of money.
Mr. Blankenship remarked that they had been working with the incubator to make that model more comprehensive and had also reached out to the University of Florida and the University of South Florida and started looking at other incubator models and business support services to try and replicate those in the business opportunity centers.
construction projects update
Mr. Richard LeBlanc, Staff Architect, addressed the Board stating that he would provide an update on the various projects throughout the County. He first discussed the projects that were currently in development and noted that the Historical Courthouse was being remodeled on the second through the fifth floors to house the Lake County Sheriff’s Office administrative and civil case staff members and that the cost was $1.4 million. He specified that the construction documents were being prepared and they were expecting 60 percent review documents in 2012. He added that the existing Judicial Center was being renovated on the second through the fourth floors to house the State Attorney and the Public Defender’s Offices. He then discussed the projects nearing construction and explained that the Animal Services Building would include improvements to the existing facility such as expansions of the parking area, the kennels, the break room and offices. He related that the GMP was planned to go before the Board in January 2012 and it was estimated to take approximately 210 days to complete. He specified that the Astor Substation renovation would remove the mobile home portion of the building because of water damage and would repair the existing building. He noted that the GMP had been submitted to the Board for review and that they expected construction to start in January 2012 and it would be completed in about 40 days at a cost of about $20,000. He mentioned that the Combined Fleet Operations Center project would create a consolidated Fleet Building and would add improvements such as fully enclosing the building, adding fire sprinklers, ventilation and electrical improvements. He related that the permitting was complete, the on-call construction manager was currently bidding the project and the GMP had recently been submitted. He explained that the Emergency Communications and Operations Center (EOC) would be a 27,000 square foot joint use 911 dispatch and emergency operations center. He added that the on-call construction manager was currently bidding the project, the GMP would go to the Board in February 2012 and the project budget was $9 million. He stated that the Astor Fire Station and the Clermont Fire Station had the same problems because they were both designed by the same architect and those projects were for mold remediation to remove and replace ceiling tiles, drywall ceiling, ductwork, insulation and to make modifications to the HVAC system. He noted that the on-call construction manager submitted the GMP and the construction documents have been completed and they were prepared to move forward soon. He pointed out that the Radio Operations Center project would provide an interior build-out of a currently owned building adjacent to the industrial park and it would house the Public Safety Communications staff. He added that the on-call construction manager had submitted the GMP and it was expected to come to the Board in January 2012 and the cost was about $272,000. He then discussed the projects under construction and stated that the Horticultural Learning Center Solar Pilot Project was an Energy Efficiency and Conservation Block Grant (EECBG) project to add solar blankets to the roof providing for an alternative energy source. He added that it would cost $68,000 and would take 60 days to complete. He mentioned that the Leesburg Health Clinic project was an interior renovation due to mold in the building and the project would be completed in the next few weeks with a cost of about $350,000. He related that the Public Defender building project would provide a new roof and roof insulation to the existing building and it would start in February 2012, costing approximately $90,000. He noted that the Road Operations Center expansion project would add 2,000 square feet to the existing building and it would take 120 days to complete and would cost approximately $165,000. He added that the Southlake Health Clinic project was for a 5,000 square foot building shell for the new health department in South Lake County and it would cost about $689,000. He explained that the shell portion was complete but the stakeholders were working together with the health department to complete the interior build-out. He specified that the Tourist Welcome Center project was to remodel the existing building and noted that the project would take longer to complete than expected because of extra needed fire protection. He added that it would cost more than the original estimate of $25,000 so it would come back to the Board for approval. He stated that the Judicial Center expansion project would add 168,000 square feet to the existing Judicial Center and it was expected to be completed in the summer of 2012. He added that they anticipated the total budget to be $5 million less than what the Board approved. He then introduced Mr. Glen Mullins with PPI Construction Management to give a further update on the Judicial Center expansion project.
Mr. Mullins showed pictures of the site plan, an aerial view of the construction, and pictures of various areas in the building. He explained that the permanent power to the building was scheduled to be turned on in January 2012, the HVAC would start up in February 2012, substantial completion of the main building would be in July 2012, the round-a-bout timeframe was from January 2012 through June 2012, and the substantial completion for the entire project was in March 2013.
Commr. Parks explained that after listening to Mr. Gray’s presentation at the workshop last week about their serious budget concerns, he wanted to revisit the EOC decision. He opined that the sales tax money should be spent directly on job creation, improving the quality of life and the property values, and making sure there were enough parks and recreation facilities available to be competitive. He added that although he felt the project was needed, he wanted to put it on hold to look at other options.
Commr. Campione stated that since he originally voted for the project, it was his prerogative to ask that it come back for reconsideration.
Commr. Conner mentioned that a lot of money had already been spent on the project and that money would be wasted if they did not move forward with it. He explained that he had never been an advocate for the project but there were a lot of people that were depending on the project for work. He added that if they wanted to reconsider the project, then it should be an agenda item at a future meeting so all parties affected could be there for the discussion.
Commr. Cadwell pointed out that he understood that money was tight but he still felt that the EOC was needed. He explained that there were other needs for that building and specified that the Sheriff needed a new communications center and that they were wasting money renting a space for that. He stated that the discussion needed to be placed on an agenda because they would need to hear from the Sheriff to understand what his space needs were.
Mr. Kristian Swenson, Facilities Development and Management Director, asked for direction on how to proceed with the project because PPI would start the bidding process tomorrow.
Commr. Cadwell asked if there was a cost to bid the project.
Mr. Swenson replied that there was not a cost to bid it, but there would be a cost associated with staff’s time in preparing the bids.
Commr. Hill opined that it would be important to have those numbers for when the next discussion occurred.
Commr. Campione stated that they should continue with that process and then add a discussion to a future agenda to see other alternatives for providing for dispatch and to see exactly what the grant funds could be spent on.
Commr. Conner asked how much money had been spent to date on the project.
Mr. Swenson answered that it was roughly about a half million dollars.
The Board reached a consensus to move forward with the bid process for the Emergency Communications and Operations Center and directed staff to bring back other alternatives for the center at a BCC meeting in February 2012.
enterprise zone strategic plan
Ms. Amye King, Growth Management Director, discussed the enterprise zone application and the strategic plan. She stated that some of the incentives and benefits that came from the State for having an enterprise zone included jobs tax credits, business equipment and building materials refunds, property tax credits and exemptions, sales tax exemptions and community contribution tax credits. She related that under the Florida Statutes, a nominated area could not exceed 10 square miles, and it required that at least 50 percent of the census geographic block group not have less than a 30 percent poverty rate and the average unemployment rate could not be less than the state’s average rate. She pointed out that the enterprise zone areas were in Eustis, Leesburg and Mascotte and that representatives from Eustis and Leesburg wished to speak after the presentation. She noted that resolutions identifying the nominated areas had been adopted by the Board as well as each of the cities involved and explained that the resolutions showed the intergovernmental coordination between the County and the cities. She added that Ordinance No. 2011-58 created the Enterprise Zone Development Agency and that each local government had made a determination that was consistent with the comprehensive plan. She related that they received comments from the Department of Economic Opportunity (DEO) when they submitted the application and specified that the DEO required an interlocal agreement between Lake County and the cities of Eustis, Leesburg and Mascotte. She stated that the DEO also mentioned that the poverty rate listed in the pervasive poverty chart should be from the Labor Market Statistics Center and not the Census Bureau and they needed to include distress factors above and beyond the poverty rate and unemployment rate. She explained that their next steps included adopting the strategic plan and the application so that it could be submitted to the DEO by December 31, 2011, pursuing the interlocal agreements with the cities, appointing the Enterprise Zone Development Agency and having the Board review the updates from the Agency on a quarterly basis.
Ms. Diane Kramer from the City of Eustis thanked the Board for their effort in putting together the enterprise zone and explained that the enterprise zone area in Eustis was also part of their CRA. She added that the area was the former business area for the historic African American community and they planned to create an open air market to provide an opportunity for people to build their businesses. She noted that Eustis also planned to provide an incentive for businesses in that area to waive the business tax receipts so that it would help those individuals start a business and be able to expand it.
Mr. Ken Thomas, Economic Development Director for the City of Leesburg, commented that they believed that the adoption of the enterprise zone would add to their efforts of creating jobs in Lake County and that it would truly be another tool for them. He noted that the enterprise zone area in Leesburg was also within their CRA and mentioned that they had identified about 21 brownfield sites in that area. He stated that they had been working with the County’s Economic Development Department staff in creating jobs and talking to different business owners and once the zone was approved, they planned to introduce the business owners to the benefits of the zone.
Commr. Campione expressed that she was also excited about the business opportunity centers that the Economic Development Department was working on because that would be another resource to help businesses start up and make sure that it would be viable in the long run. She added that they had potential to all work together and make positive things happen.
Ms. King mentioned that the City of Mascotte could not be at the meeting but they wanted to express their gratitude for County staff and the cities for all working together on the project. She also pointed out that that item was moved from the zoning public hearings to presentations and that it was considered a public hearing.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Parks, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Enterprise Zone Strategic Plan, authorized the Chairman to sign the application, and authorized staff to pursue Interlocal Agreements with the cities of Eustis, Leesburg and Mascotte.
PUBLIC HEARINGS: REZONING
REZONING CONSENT AGENDA
Mr. Brian Sheahan, Planning and Community Design Manager, stated that the two items on the consent agenda were PH #22-11-3, Christian Methodist Episcopal Church and PH #1-12-4, Compassion in Care, LLC and that they had not received any comments on those to make any changes to the agenda. He also mentioned that as Ms. King pointed out, they moved up the Enterprise Zone Strategic Plan and noted that the amendments to the Land Development Regulations on the agenda would be brought before the Board for a public hearing on January 10, 2012.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the Rezoning Consent Agenda as follows:
Tab 1. Ordinance No. 2011-63
PH #22-11-3
Christian Methodist Episcopal Church
Lake County Planning & Community Design
Request to amend Community Facility District (CFD) Ordinance #2005-72 to correct a scrivener’s error in the Ordinance addressing parking and landscaping.
Tab 2. Ordinance No. 2011-64
PH #1-12-4
Compassion In Care, LLC/Victor Richburg
Pendry Estates
Request to rezone property from Agriculture (A) to Community Facility District (CFD) for a Community Residential Home.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
growth management
central florida landscaping and garden fair
Ms. King explained that they were making a request to accept sponsorships for the first Central Florida Landscaping and Garden Fair to be held on February 11 and 12, 2012 and added that the Green Team and the Economic Development and Tourism department had partnered together on the event. She related that it was a new event designed to spotlight local and nearby businesses offering landscaping, irrigation, horticulture and gardening related products and services. She mentioned that the vendors would be encouraged to stay focused on Florida friendly initiatives and activities and it would give the vendors an opportunity to get a head start on the spring season by selling or promoting products and services while meeting new customers face to face. She specified that the attendants would be able to learn about the available resources while experiencing the benefits of one stop shopping for plants, shrubs and other landscape and garden related items. She added that they were requesting that the Board approve the agenda item, allowing them to accept sponsorships to cover the expenses of the fair.
On a motion by Commr. Parks, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved to accept sponsorships for the first Central Florida Landscaping and Garden Fair to be held on February 11 & 12, 2012 at Ferran Park in Eustis, FL.
public resources
national training center
Ms. Wendy Breeden, Public Resources Director, stated that she would be discussing the proposal from the South Lake Hospital and the National Training Center (NTC) that would give the community access to additional multi-purpose fields in South Lake County and she would also provide an overview of the existing parks and trails in South Lake County. She explained that Parks and Trails would be working on nine projects that fiscal year in South Lake County and a number of them would be in the design phase. She added that they would be completing construction documents for the North Shore Overlook and Trailhead, the Ferndale Preserve, the Minneola Athletic Complex, the John’s Lake Boat Ramp, the Palatlakaha River Park and Boat Ramp, and the Pasture Preserve projects. She noted that Public Works, which was responsible for trail construction, was in the process of acquiring the right-of-way for constructing phase III of the South Lake Trail and that they were working on getting state funding for that project. She then discussed the Minneola Athletic Complex (MAC) and stated that it was the newest park property in South Lake and staff had been diligently working to improve the condition of the existing fields. She related that a community meeting was held on December 5 to update the community and to receive input on the conceptual plan for the park and noted that the public seemed pleased with the plan and the Minneola City Council approved the conceptual plan on December 6. She added that the plan would then be brought before the Parks and Trails Advisory Board in January 2012 for their approval. She then showed a slide illustrating the conceptual plan and explained that there would be an additional multipurpose field, tennis and basketball courts, a t-ball field, a trail system, an expanded playground, a dog park and additional parking. She pointed out that the MAC would fill an immediate need to have sports fields in South Lake County but it would not assist the County with the long-term goal of establishing a regional park in that area. She mentioned that because of that, the County was negotiating with the City of Orlando and Orange County for a 200-acre park in the Conserv II area that would help meet the active sports needs in the South Lake community and it would act as an economic driver to attract more sports events to Lake County. She mentioned that the County had also been approached by the NTC and the South Lake Hospital to partner with the County to add multi-purpose fields to the NTC for community use and she then introduced Mr. John Moore, CEO of South Lake Hospital, to explain the proposal.
Mr. Moore explained that their plan when the NTC opened in 2001 was not necessarily to fulfill a community need but to bring tourism to the area. He stated that they now wanted to fulfill those needs so their proposal was to create a partnership with the County to develop up to four additional multi-purpose fields on the South Lake Hospital campus. He noted that an engineer had already studied the site and identified four areas that could serve those needs while still being able to drive tourism to the area and he added that those additional fields could be in by the spring.
Commr. Parks opined that it was a great opportunity to meet a recreation need and also serve as an economic driver. He then asked whether those fields would be available to any citizen in Lake County.
Mr. Moore stated that it really depended on how the facilities were developed and what their purpose was, noting that the softball complex was developed through the TDC with the main purpose of bringing business to the community and although there was public access, it was fairly limited due to the amount of tournaments that were held there. He related that the soccer field complex that was originally built with the training center was 80 to 90 percent community use. He added that they saw there was a need in the community but they would also like to use those facilities during downtimes for tourism development.
Commr. Conner pointed out that that issue would be addressed in agreements so they would have a full understanding when moving forward. He opined that this was the approach he wanted to take because fields would be available almost immediately rather than having to buy land and deal with infrastructure, which could be quite expensive. He then asked for clarification on where the money would come from to fund the project.
Mr. Gray replied that they had sales tax money set aside for recreational opportunities in South Lake, but that money was restricted so they could not use it for the project at the NTC. He noted that he would swap the funding that was set aside for other park projects to use for the NTC project. He explained that they were still looking for a solution for the regional park in South Lake because the sales tax money would not cover the cost of buying the property and putting in fields.
Commr. Parks elaborated that although they realized that they did not have enough money for that project, they still wanted to move forward with making the regional park a reality in South Lake through the Conserv II agreement; however, it would be years down the road.
Mr. Gray mentioned that the MAC served the needs for a community park and the fields at the training center would fill in the gap until a regional park was developed.
Commr. Cadwell commented that they needed to discuss lighting infrastructure at the fields of the NTC and suggested that South Lake Hospital help with the lighting.
Mr. Moore noted that they had discussed having four fields instead of five to accommodate having lighting.
Commr. Cadwell opined that they should still crunch the numbers because five fields would be better than four. He related that there should be reporting guidelines in the agreement to show exactly who was using the fields so it would make it easier to keep doing those types of projects.
Mr. Gray pointed out that he had identified $400,000 in the budget that they could use for the fields and he would bring back that funding mechanism and the agreement to the Board in February 2012.
Ms. Breeden concluded the presentation stating that they would determine the project costs associated with having five fields instead of just three or four and would look at the funding to see what sources were available. She added that they would take the proposal to the Parks, Recreation and Trails Advisory Board in January 2012 and would begin negotiations on the agreement to bring back to the Board for consideration.
On a motion by Commr. Parks, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved for staff to negotiate an agreement with the South Lake Hospital/National Training Center regarding the addition of multi-purpose fields for community use at the National Training Center.
other business
appointments to the lake county mining committee
Commr. Cadwell asked whether it was clear in the ordinance that they needed to appoint someone for the peat mining position since there was no peat mining allowed in the Green Swamp.
Ms. King stated that since the committee had the potential of covering mining in all of Lake County and not just the Green Swamp, staff felt that a peat mining member should be added in the event that did happen.
Commr. Conner cautioned the Board in having a committee where the majority of the members did not even live in Lake County since it could be politically problematic.
Commr. Cadwell suggested reaching out to local individuals in the Peat Mining Industry who did not apply to see if they were interested and to also leave the Professional Geologist or Hydrologist seat open to see if local individuals would apply.
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the appointment of Ms. Nancy Fullerton, as a resident from an Environmental Advocacy Organization, to the Lake County Mining Committee until the Mining Committee sunsets on December 31, 2012.
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the appointment of Mr. Kraig McLane, as a member or designee from the Water Management District or Florida Department of Environmental Protection, to the Lake County Mining Committee until the Mining Committee sunsets on December 31, 2012.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the appointment of Mr. J. Michael O’Berry, as a member from the Sand Mining Industry, to the Lake County Mining Committee until the Mining Committee sunsets on December 31, 2012.
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved the appointment of Ms. Tracy Bryant, as a member from the Mining Industry Association, to the Lake County Mining Committee until the Mining Committee sunsets on December 31, 2012.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the appointment of Mr. Steve Adams, as a member who is a Professional Environmental Consultant, to the Lake County Mining Committee until the Mining Committee sunsets on December 31, 2012.
The Board also directed staff to contact the local individuals in the Peat Mining Industry who did not apply to see if they were interested and left the Professional Geologist or Hydrologist seat open to seek applicants that were residents of Lake County.
appointments to the elder council
On a motion by Commr. Hill, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the appointment of Mr. Paul Richardson, as a District 1 representative, to the Elder Council to complete a two-year term ending January 31, 2014.
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved the reappointment of Ms. Linda McFadden, as a District 1 representative, to the Elder Council to complete a two-year term ending January 31, 2014.
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the reappointments of Ms. Colleen A. Kollman and Ms. Sue Miller, as District 3 representatives, to the Elder Council to complete a two-year term ending January 31, 2014.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the reappointment of Ms. Carol Clendinen, as the At-Large member, to the Elder Council to complete a two-year term ending January 31, 2014.
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the reappointment of Ms. Kathy A. Haviland, as the District 5 representative, to the Elder Council to complete a two-year term ending January 31, 2014.
appointments to the affordable housing advisory committee
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the reappointment of Mr. George Rada, as a resident who is a representative of those areas of labor engaged in home building in connection with affordable housing, to the Affordable Housing Advisory Committee to serve a two-year term ending November 30, 2013.
On a motion by Commr. Parks, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved the appointment of Mr. Robert Mack, as a resident who is actively engaged as a for-profit provider of affordable housing, to the Affordable Housing Advisory Committee to serve a two-year term ending November 30, 2013.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the appointment of Ms. Phyllis Dallinga, as a resident that is a concerned citizen for affordable housing, to the Affordable Housing Advisory Committee to serve a two-year term ending November 30, 2013.
The Board also approved Resolution No. 2011-179 appointing three members to the Affordable Housing Advisory Committee to serve two-year terms ending November 30, 2013.
wellflorida council
On a motion by Commr. Hill, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the appointment of Mr. Tom Tran, as a Health Care Purchaser, to the WellFlorida Council to complete an unexpired two-year term ending September 30, 2012.
reports – county attorney
update on the financial aspects of the dissolution of Lake
Sumter EMS, Inc.
Mr. Sandy Minkoff, County Attorney, recapped that Lake-Sumter EMS, Inc. was a not-for-profit corporation that was owned by Lake and Sumter County and when Sumter withdrew, Lake County became the sole owner of that corporation and the corporation board voted to dissolve. He pointed out that $1.5 million was paid out to Sumter County and that all of the tangible assets had been transferred to Lake EMS. He explained that the spreadsheet attached to the agenda gave a snapshot of what had actually happened with the collections of cash, accounts receivable and liabilities as compared to what was originally projected and noted that the accounts receivable collection and cash was almost $300,000 higher than projected, the liabilities were slightly higher, the FEMA liability stayed the same and unemployment was slightly lower. He added that they had to account for a new liability involving Medicaid and they did not account for the audit fees for the next two years. He summarized that the total liabilities had increased slightly but the net cash was about $180,000 greater than what was originally projected. He mentioned that all of those funds would eventually go back into the MSTU for ambulance service which could be used to fund Lake EMS in future years.
Commr. Cadwell thanked Mr. Minkoff and the Clerk’s Office for their help with the dissolution and opined that they made the right decision in settling that way.
reports – county manager
next board meeting
Mr. Gray reminded the Board that the next meeting would be on January 10, 2012.
REPORTS – COMMISsIONER campione – CHAIRMAN & DISTRICT 4
meeting regarding proposed trail and rail upgrades
Commr. Campione reported attending a meeting along with the County Attorney, the Deputy County Manager, Mr. Mike Woods and Mr. T. J. Fish from MPO as well as representatives from the City of Mount Dora, Florida Central Railroad and CSX on Monday where they discussed the proposed trail east of Mount Dora and the rail upgrades. She noted that she articulated that the Board was behind the rail upgrades and mentioned that the County Attorney would draft a memorandum of understanding that would apply to all of the cities and the County.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:26 p.m.
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leslie campione, chairman
ATTEST:
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NEIL KELLY, CLERK